Is the fidyah obligatory for one who leaves an obligatory act of Hajj?
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Question : But is it obligatory for him to slaughter a fidyah for that?
Answer : Most scholars say this, and that it is obligatory for one who leaves an obligatory act to slaughter a fidyah in Makkah to be distributed to the poor to make up for what was lacking. They cited as evidence for this the well-known athar of Ibn 'Abbas (may Allah be pleased with him), which is: "Whoever leaves something of his ritual, or forgets it, let him shed blood; let him shed his blood." The truth is that when this athar is examined after its transmission to Ibn 'Abbas (may Allah be pleased with him) is confirmed, it should be said that it is not to be taken in its generality, and you do not take it in its generality either. For its apparent meaning is that whoever leaves something of his ritual, even if it is not obligatory, must shed blood, and likewise whoever forgets. Then we say: "Let him shed blood." The lam is for command. Is the command for obligation?
No, it is not for obligation in every place; rather, it may be for something other than obligation. But what indicates that it is for obligation is that he left an obligatory act, and an obligatory act is not made up except by an obligatory act. So in any case, the precaution is that the person is ordered to slaughter a blood sacrifice in Makkah and distribute it to the poor. We only said that this is the precaution because if we told the person who left an obligatory act of Hajj or 'Umrah, if we told him, "You do not have to slaughter a blood sacrifice, but seek forgiveness from Allah and repent to Him," what would he say? He would say, "It's easy, just repentance." So we always say that a person should repent to Allah, and he says, "I just want repentance, it's easy, the properties of Mina, Muzdalifah, and 'Arafah are all repentance, but don't take a single qirsh from me." Yes.
And on this analogy, the questioner who says a stone hit his foot and injured it, then this man stopped to see what had happened to him, and the man was injured and his sandal was lost, so this man said, "What? Do I roast it or is it in the sandal?" The result is that I say that compelling people to slaughter a blood sacrifice for leaving an obligatory act is undoubtedly from the category of sadd al-dhara'i' (blocking the means to harm). From what? From being negligent about what? About the obligatory acts.
So we tell people, "The scholars said so and so," and we are convinced that there is no doubt in it being a blockage of the means, otherwise people would be negligent about the obligatory acts of Hajj. Yes.
Answer : Most scholars say this, and that it is obligatory for one who leaves an obligatory act to slaughter a fidyah in Makkah to be distributed to the poor to make up for what was lacking. They cited as evidence for this the well-known athar of Ibn 'Abbas (may Allah be pleased with him), which is: "Whoever leaves something of his ritual, or forgets it, let him shed blood; let him shed his blood." The truth is that when this athar is examined after its transmission to Ibn 'Abbas (may Allah be pleased with him) is confirmed, it should be said that it is not to be taken in its generality, and you do not take it in its generality either. For its apparent meaning is that whoever leaves something of his ritual, even if it is not obligatory, must shed blood, and likewise whoever forgets. Then we say: "Let him shed blood." The lam is for command. Is the command for obligation?
No, it is not for obligation in every place; rather, it may be for something other than obligation. But what indicates that it is for obligation is that he left an obligatory act, and an obligatory act is not made up except by an obligatory act. So in any case, the precaution is that the person is ordered to slaughter a blood sacrifice in Makkah and distribute it to the poor. We only said that this is the precaution because if we told the person who left an obligatory act of Hajj or 'Umrah, if we told him, "You do not have to slaughter a blood sacrifice, but seek forgiveness from Allah and repent to Him," what would he say? He would say, "It's easy, just repentance." So we always say that a person should repent to Allah, and he says, "I just want repentance, it's easy, the properties of Mina, Muzdalifah, and 'Arafah are all repentance, but don't take a single qirsh from me." Yes.
And on this analogy, the questioner who says a stone hit his foot and injured it, then this man stopped to see what had happened to him, and the man was injured and his sandal was lost, so this man said, "What? Do I roast it or is it in the sandal?" The result is that I say that compelling people to slaughter a blood sacrifice for leaving an obligatory act is undoubtedly from the category of sadd al-dhara'i' (blocking the means to harm). From what? From being negligent about what? About the obligatory acts.
So we tell people, "The scholars said so and so," and we are convinced that there is no doubt in it being a blockage of the means, otherwise people would be negligent about the obligatory acts of Hajj. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2872 - هل تجب الفدية على من ترك واجبا من واجبات الحج؟ الكافي في فقه الإمام أحمد بن حنبل - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
